Cruz v. Local 32BJ
- Paul Gardephe
- 1:22-cv-03068
- U.S. District Court · Southern District of New York
- 1
In Cruz v. Local 32BJ, Judge Gardephe denied defendants’ motions to dismiss as moot after Cruz filed an amended complaint.
Local 32BJ and Harvard Maintenance, Inc., whose motions to dismiss the original complaint were denied as moot; the Clerk of Court was directed to terminate those motions.
What happened
In Cruz v. Local 32BJ, Carina Cruz filed an amended complaint while defendants’ motions to dismiss the original complaint were pending.
Because the amended complaint had been filed, the court denied the defendants’ motions to dismiss as moot. The court also directed the Clerk of Court to terminate those motions.
Judge Paul G. Gardephe issued the order on January 25, 2023. The order did not decide the merits of Cruz’s claims or the defendants’ arguments.
The detailed version
- Cruz v. Local 32BJ · No. 1:22-cv-03068
- Paul Gardephe
- Jan. 25, 2023
Background
Carina Cruz filed an amended complaint at Docket Number 46. Before that filing, Local 32BJ and Harvard Maintenance, Inc. had filed motions to dismiss the original complaint at Docket Numbers 23 and 28.
Ruling
Because Cruz filed an amended complaint, the court denied the defendants’ motions to dismiss the original complaint as moot. A motion is moot when a later event means the court no longer needs to decide it. The court directed the Clerk of Court to terminate the motions at Docket Numbers 23 and 28.
Effect of the Order
The order addressed only the pending motions to dismiss the original complaint. It did not decide the merits of Cruz’s claims or the defendants’ arguments, and it did not state whether the amended complaint would be dismissed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.